Legal Playing Field Update 3-8-23
The state filed a schedule Monday with the Court in the Caulkins case out of Macon County, the one with the decision on Friday that was appealed up.
Defendant's opening brief due 3/20; Plaintiff response due 4/13; Defendants response due 4/27; Oral Arguments second week of May no date.
Duncan, Miller, Rhode, and Bianchi should be in by then, as well as maybe a Preliminary Injunction in our case.
We are in a race of sorts. Friday, Cook County filed a motion for summary judgment in the Viramontes case. After dragging their feet on this challenge to the Cook County AWB, the AG now seems to be moving at warp speed to get a decision. This seems to be a strategic move on their part to get a decision in a friendlier court than some of the cases they face in other jurisdictions. The case was filed on 8/27/21. After New York, they asked for a 120-day extension to come up with a reply to New York. They sought four extensions prior to that as well. They filed their motion, memorandum of Law, and a filing on the “undisputed” facts in the last week.
Monday, in the Herrea case, a challenge to the State ban, Cook County ban, and Chicago ban, the County filed a motion to file an oversized 56-page brief. They will likely change the names from Viramontes and file the same brief. They are not trying to stall this out as they did with Verimontes
Today in Kenneally, the case from McHenry County, the State filed for a Judgement on the pleadings. (no oral arguments in court)
It looks like there is a race to get in front of the other cases. Whereas the County and State normally are asking for extensions and foot-dragging, it appears our filings in the Southern District with that judge have them spooked. It is also possible that Clement and Murphy being involved is adding to or part of their eagerness to get some other case without a record up to the Court of Appeals ahead of ours.
The optics are that they really don’t want to tangle with us and Erin/Paul and want a lesser opponent to argue against on a less developed record.
More as it reveals itself (realize that this is a bit of reading the tea leaves in this post and is what we perceive based on the parties involved and their past behavior) Todd and Eric